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Procedures for Applications for Permanent Residence on Humanitarian and Compassionate grounds as a Result of the Lifting of the Temporary Suspension of Removals on Haiti and Zimbabwe

Background

Situations arise where a country or a place places a generalised risk to the entire population. Some common examples of such situations could be war, civil unrest or environmental disaster. In these situations, the authorities typically place a Temporary Suspension of Removals (TSRs) that aims at halting the removals to these countries or places.

Because of the Temporary Suspension of Removals (TSRs) issued, the authorities in effect, permit certain individuals to continue to stay in Canada temporarily. These individuals would typically be people who:

Are unsuccessful in their refugee claim

Are inadmissible or,

Would be subject to removal under normal circumstances

The Minister of Public Safety has the authority to impose, maintain or lift a Temporary Suspension of Removal (TSR). This in accordance with the specifications laid out in Section 230 of the Immigration and Refugee Protection Regulations (IRPR). Therefore, individuals subject to a Temporary Suspension of Removal (TSR) could choose to return to their country voluntarily.

However, officers would need to note that this stay of removal would not apply to individuals who are inadmissible for:

Criminality

Serious criminality

Security

Violating human rights

Violating international rights

Organised crime or

People referred to in Section F of Article 1 of the United Nations Convention Relating to the Status of Refugees

Purpose

The Minister of Citizenship and Immigration signed a temporary public policy on November 26, 2014. This policy concerned the nationals of Haiti and Zimbabwe. This was because the lifting of the Temporary Suspension of Removal (TSR) would have an effect on these individuals.

The Minister of Public Safety lifted the Temporary Suspension of Removal (TSR) on Haiti and Zimbabwe. This took place on December 01, 2014.

This Operational Bulletin (OB) provides functional guidance on the processing of applications for permanent residence on Humanitarian and Compassionate (H&C) grounds submitted by nationals of these countries.

The authorities will examine Humanitarian and Compassionate (H&C) applications. They will do so in accordance with the existing provisions specified in the program delivery instructions on Humanitarian and Compassionate (H&C) considerations. These provisions typically include aspects like the consideration of prolonged stays in Canada contributing to:

The establishment and integration of the applicant into Canadian society

The best interests of the child

Family ties

Adverse country conditions and,

Other elements put forth by the applicant

Zimbabwe has been subject to the Temporary Suspension of Removal (TSR) since 2002. Similarly, Haiti has been subject to the Temporary Suspension of Removal (TSR) since 2004. When countries have been subject to the Temporary Suspension of Removal (TSR) for several years, officers would need to consider that the applicant’s continued presence in Canada is because of circumstances beyond the control of the applicant.

Therefore, decision-makers would typically give positive considerations on concluding that the individual’s prolonged stay in Canada has come about because of the Temporary Suspension of Removal (TSR) placed on their country of origin. This is because the decision-makers would realise that the Temporary Suspension of Removal (TSR) is responsible for the individual’s establishment in Canada.

Officers would need to use the following special program codes for all eligible applicants:

Haiti:

In the Global Case Management System (GCMS): MHA

In the Field Operations Support System (FOSS): 180

Zimbabwe:

In the Global Case Management System (GCMS): MZI

In the Field Operations Support System (FOSS): 181

The Process for Issuing Work Permits

Officers would not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.

These individuals could apply for a work permit:

Online or,

Through the Case Processing Centre in Vegreville (CPC-V)

This is in accordance with the guidelines specified under Paragraph 206 (b). However, officers would need to note that this work permit would not confer any status on the applicants.

Individuals who were under the Haiti Special Measures (HSM) would be eligible for applying for a work permit from within Canada. This work permit would confer temporary status on the individuals. In addition, they would receive an exemption from the requirement of having to provide a valid Labour Market Impact Assessment (LMIA) from Service Canada. Typically, applicants need to provide a valid Labour Market Impact Assessment (LMIA) from Service Canada in support of their work permit application.

Officers have the authority to issue work permits before they receive Humanitarian and Compassionate (H&C) applications. Officers also have the authority to extend work permits if necessary. For doing this however, the applicants would need to submit their Humanitarian and Compassionate (H&C) applications within the stipulated timeframes. In addition, the applicants would need to pay the applicable processing fees as well.

The Process for Issuing Study Permits

Officers would not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.

These individuals could apply for a study permit:

Online or,

Through the Case Processing Centre in Vegreville (CPC-V)

This is in accordance with the guidelines specified under Paragraph 215 (1) (d). However, officers would need to note that this study permit would not confer any status on the applicants. In addition, the applicants would need to pay the applicable processing fees as well.

This Operational Bulletin (OB) provides an extension to the Haiti Special Measures (HSM). The HSM applies to work permits that were set to expire on March 01, 2014. This OB instructs officers on the way in which they would process applications received from Haiti nationals for work permits from within Canada.

Background

The process of recovery from the devastating Haiti earthquake of January 12, 2010 has been slow. Various additional challenges that keep emerging have hindered the pace of recovery further. Consequently, Haiti nationals, currently in Canada, might need to continue staying on in Canada. In this situation, they would need to obtain work permits to support themselves.

To enable Haiti nationals to support themselves, the authorities have provided an extension to the HSM on Labour Market Opinion-exempt work permits. This extension is valid until September 01, 2014. Previous extensions to the HSM were valid until:

January 19, 2011 (OB 264)

September 01, 2012 (OB 345)

September 01, 2013 (OB 468) and,

March 01, 2014 (OB 547)

The Procedure for Processing Applications for Work Permits

Based on the latest extension to the HSM, Citizenship and Immigration Canada (CIC) officers would now accept in-Canada applications for work permits from Haiti nationals. These individuals would otherwise not be able to support themselves.

The HSM would apply to:

Individuals who were issued a work permit under the previous HSM and,

Haiti nationals who were in Canada prior to January 13, 2011 and who:

Have a temporary status and,

Are unable to support themselves

In most cases, Haiti nationals would need to submit a Labour Market Opinion (LMO) in addition to a work permit application. This would enable officers to determine whether:

The job offer is authentic and,

The employment could have a neutral or positive effect on the labour market in Canada

This is in accordance with the Immigration and Refugee Protection Regulations (IRPR). However, the Minister has approved a public policy under the HSM. This policy grants an exemption to Haiti nationals from requiring an LMO.

Under the HSM guidelines, CIC officers would accept applications from Haiti nationals until September 01, 2014. These applications could be for:

New work permits or,

Extension of previously issued work permits

CIC officers would not issue work permits for more than six months under these measures. Additionally, CIC would not consider any application received after September 01, 2014 eligible for the HSM.

To be eligible for a work permit under the HSM, Haiti nationals currently in Canada must have a valid status. Individuals with an expired status would need to apply for a restoration of their status. However, they must make this application within 90 days of losing their temporary status.

In case the individuals are out of status for more than 90 days, they would need to apply for a temporary resident permit first. Only after receiving this can they apply for a work permit.

All applicants would need to pay the standard processing fee for applications for a work permit under the HSM. The fee amounts to $155.

The Interim Federal Health Program

Haiti nationals would be eligible for health care coverage under the Interim Federal Health Program (IFHP). This is within the scope of the HSM. However, they would need to meet certain conditions. To be eligible for the health care coverage, they must:

Have received a new work permit or,

Have received an extension of a previous work permit and,

Not be eligible for:

Provincial health insurance or,

Territorial health insurance

The IFHP would not include the Immigration Medical Examination. It would be valid only for those applications received by the CIC by September 01, 2014. It would also not cover services or products that a person could claim under a private insurance plan. Instead, it covers beneficiaries if they require medical attention for:

A disease

A symptom

An injury or,

A complaint

It also covers:

Hospital services

Services provided by a doctor or a registered nurse

Services provided by a laboratory, a diagnostic facility or an ambulance and,

Medications and vaccines

The validity of the IFHP coverage could last until whichever of the following three conditions occurs first. Thus, Haiti nationals could enjoy the IFHP coverage:

Until the expiration date listed on the work permit or,

Up to a maximum period of six months or

Until they no longer require coverage because they have:

Become eligible for:

Provincial health insurance

Territorial health insurance or,

Private health insurance

Left Canada

IFHP coverage would also extend to the dependents of these applicants currently residing in Canada. This would include:

Spouses

Common-law partners and,

Dependent children

Officers must issue a notice to temporary residents. This notice would inform these residents that they are eligible for applying for IFHP coverage. However, these temporary residents must:

Have received a new work permit or,

Have received an extension of a previous work permit

Individuals issued work permits prior to March 01, 2014 would continue to be eligible for IFHP health care coverage. This would be valid for the shorter of the following two durations:

The duration of the applicant’s work permit or,

A period of one year

Note:

Medications and vaccinations would only be covered for:

Preventing or treating a disease that could pose a risk to public health or,

Treating a condition that is a public safety concern

Steps for In-Canada Processing

Under the HSM, Haiti nationals applying for work permits would need to:

Write “Haiti” on the mailing applications of their work permit applications

Provide detailed explanations of why they need a work permit to support themselves in Canada

Include this explanation along with the work permit application

CPC-Vegreville

Temporary residents would need to ensure that they maintain their temporary resident status. This applies to residents who:

Have applied for a new work permit or,

Have applied for an extension of a previous work permit

They would need to maintain their temporary resident status by:

Applying for a new work permit or,

Applying for an extension of a previously issued work permit

They would need to do this before the expiry of their current status. Moreover, they would also need to pay the associated fees along with their applications.

Individuals who have already submitted an application for extending or changing their temporary status would benefit from an implied status. This would be valid until officers notify them of a decision on their application. This is in accordance with R183(5).

Special Program Coding

Officers would need to use the following code for issuing work permits under the HSM.

H24: Work permit issued to Haitian national under the HSM; no LMO required